Ravinder Singh vs Govt. Of N.C.T. Of Delhi And Anr.
2007 Latest Caselaw 536 Del

JUDGMENT

Mukul Mudgal, J.

1. Rule DB.

2. With the consent of the learned Counsel for the parties, the matter is taken up for final hearing.

3. This Writ Petition challenges the judgment dated 26th May, 2006 passed by the Central Administrative Tribunal (CAT), Principal Bench, New Delhi in OA No. 751/2005. Prior to the Republic Day Parade the Petitioner absented himself for a period of more than one year and accordingly his services were terminated after conducting an enquiry. During the absence of the Petitioner for the prolonged period, the Petitioner neither made an application for any medical leave nor submitted any certificate. The only medical certificate submitted by him was dated 8th January, 1998 only after rejoining which covers the entire period from 18th November, 1996 to 07th January, 1998 for treatment of viral hepatIT is and koch's abdomen and psychosis.

4. Prima facie we are unable to agree that even if this medical certificate has been sent in time accompanying an application for leave, such medical certificate needs serious consideration. We fail to see why treatment for viral hepatIT is and allied illness should take more than one year. This apart, the Petitioner has not produced any document or any proof to demonstrate that during the period of his prolonged absence, he made any application to seek medical leave. The only grievance made by the Petitioner is that he had sought leave from his SHO who has not been produced by him as his own witness. Accordingly, the CAT was fully justified in dismissing the OA.

5. The counsel for the Petitioner has not been able to demonstrate any error in the CAT's order warranting interference. Accordingly, the Writ Petition is dismissed and stands disposed of.